This is a generic Affidavit to accompany a Motion to amend or strike alimony provisions of a divorce decree on the remarriage of the plaintiff former spouse. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Keywords: Santa Clara California, affidavit, defendant spouse, motion to amend, motion to strike, alimony provisions, divorce decree, remarriage, plaintiff. Description: A Santa Clara California Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree on Remarriage of Plaintiff is a legal document filed by the defendant spouse in a divorce case. This affidavit is submitted to the court to request a modification or removal of the alimony provisions mentioned in the existing divorce decree. It specifically focuses on the remarriage of the plaintiff as the grounds for seeking this amendment or striking of alimony obligations. There are two main types of Santa Clara California Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree on Remarriage of Plaintiff: 1. Motion to Amend Alimony Provisions: In this type of affidavit, the defendant spouse seeks a modification of the alimony provisions mentioned in the initial divorce decree. It presents various arguments and evidence to demonstrate that the remarriage of the plaintiff justifies a change in the alimony arrangement. 2. Motion to Strike Alimony Provisions: This type of affidavit is filed by the defendant spouse to request the complete elimination or striking out of the alimony provisions from the divorce decree upon the remarriage of the plaintiff. It highlights reasons and supporting evidence to convince the court that alimony is no longer necessary or fair considering the changed circumstances due to the plaintiff's marital status. The Santa Clara California Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree on Remarriage of Plaintiff must provide a detailed account of the reasons why a modification or striking out of alimony is warranted. It should include supporting documents, financial records, and any other relevant evidence that can strengthen the defendant's case. The affidavit should be prepared accurately, adhering to the legal guidelines and requirements of Santa Clara County, California. In conclusion, the Santa Clara California Affidavit of Defendant Spouse in Support of Motion to Amend or Strike Alimony Provisions of Divorce Decree on Remarriage of Plaintiff plays a crucial role in initiating a legal process for modifying or eliminating alimony obligations based on the plaintiff's remarriage. The defendant spouse needs to present a compelling case, backed by evidence and legal arguments, to convince the court to grant the requested changes to the original divorce decree.
